What does the cross-examination opinion of traffic accident crime mean?

1. What does the cross-examination opinion on the crime of causing traffic accidents mean? Cross-examination opinion refers to the opinion that the cross-examination subject is allowed by law to use various evidence methods in the course of litigation, aiming at inquiring, identifying, questioning, explaining, explaining, consulting and refuting all kinds of evidence provided by the parties, thus forming a specific probative force for the judge's inner conviction. In the cross-examination of court trial, the defendant's confession can be divided into the following situations: First, the defendant's confession has always confessed to his own criminal facts, and the confession at the court trial is consistent with the confession at the investigation and prosecution stage, and there are other evidence materials to confirm each other; Second, only other circumstantial evidence proved that the defendant was guilty, and the defendant never admitted his guilt during the investigation and prosecution stage; Third, the confession changed greatly in the investigation and prosecution stage, and other circumstantial evidence materials were difficult to confirm. In view of the above three situations, defenders should adopt different methods in court cross-examination. In the first case, if the prosecution's allegations are true, the defender should perform his defense duties according to the facts and laws, instead of cross-examining for the sake of cross-examination, and deliberately ask questions in the way of proof and cross-examination in the trial to achieve the apparent balance between the prosecution and the defense; In the second and third cases, the defender should seize the opportunity and make full use of the skills of questioning and cross-examination in court to achieve the goal of eliminating the false and retaining the true. When the defendant refuses to explain the crime charged in the indictment from beginning to end, as a defender, he must not give up asking questions or refuse to cross-examine just because there are evidence materials proving the defendant's guilt in other evidence materials provided by the prosecution. It should be noted that these circumstantial materials cannot be directly used as conviction evidence without cross-examination by the court. Therefore, the defender's duty is to make full use of the right of cross-examination given to the defender during the trial investigation and dig out the reasonable elements that the defendant refuses to explain. For example, if the defendant refuses to admit the fact that he participated in the affray, then it is necessary to ask the defendant whether there are other witnesses or circumstantial evidence to further prove whether there are other interests between the defendant and other witnesses and evidence to prove his participation in the affray. Only in this way can the truth of the case be made clear one by one through questioning and cross-examination in court, instead of not asking questions or even accusing the defendant of having a bad attitude of pleading guilty or asking the defendant to plead guilty at the cross-examination stage. Similarly, in the case of the defendant's retraction or unstable retraction, the defender should not only pay full attention to whether the defendant's retraction has reasonable elements, but also closely follow the relevant facts to further clarify the favorable elements of the defendant's retraction through inquiry and cross-examination. Especially when the defendant has confessed the facts of the crime in the past, but the confession is relatively unstable, the defender must fully grasp the right to ask questions and cross-examine in court, and fully explore the reasonable components of the defendant's confession and the inconsistencies between the original confession and the facts. Two. Sentencing of the Crime of Traffic Accident According to Article 133 of the Criminal Law of People's Republic of China (PRC), if the crime of traffic accident violates traffic laws and regulations, and a major accident occurs, causing serious injury or death to people or heavy losses to public or private property, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years. Cross-examination opinions This is a written document to be submitted by the criminal suspect or the plaintiff's attorney, so whether it is a traffic accident crime or other criminal crimes, cross-examination opinions have no reference significance. The cross-examination opinion is put forward by combining the cause and effect of the case and the existing evidence provided by the relevant personnel. Cross-examination is also a very important link in criminal and civil litigation activities.